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|Fourth District’s Split Decision Further Complicates CEQA Requirements Surrounding GHG Impact Analysis and Mitigation Measures - Dissent Warns Majority Opinion Will Weaken and Confuse the Law|
Jeffrey W. Forrest, Jennifer L. Gunsch; Sheppard, Mullin, Richter & Hampton LLP;
February 17, 2015, previously published on December 11, 2014In a split decision on November 24, 2014, the Fourth District California Court of Appeal invalidated the program EIR for San Diego Association of Governments’ (SANDAG) 2050 Regional Transportation Plan/Sustainable Communities Strategy (Regional Transportation Plan). The court found the EIR in...
|New EU Sanctions Target Crimea and Sevastopol|
Sanne Mulder, Erik de Bie; Greenberg Traurig, LLP;
February 16, 2015, previously published on December 22, 2014The European Union (EU) adopted new sanctions Friday, Dec. 19, 2014, relating to the conflict situation in Ukraine. The sanctions specifically target Crimea and Sevastopol. The new measures confirm, once again that the EU does not recognize Russia’s annexation of Crimea and Sevastopol, which...
|White House Announces Historic Shift in U.S. Embargo on Cuba|
Cyril T. Brennan, Renee A. Latour; Greenberg Traurig, LLP;
February 16, 2015, previously published on December 18, 2014On Dec. 17, 2014, President Obama announced plans for an historic overhaul of the U.S. embargo against Cuba. Among other changes, the president’s announcement indicated that significant developments are expected in the current U.S. restrictions on Cuba-related travel, financial transactions,...
|SCOTUS Denies Petition For Cert In Iskanian|
Lisa M. Harris, Frances M.K. Hernandez, Marlene M. Nicolas; Sheppard, Mullin, Richter & Hampton LLP;
February 13, 2015, previously published on February 2, 2015On June 24, 2014, the California Supreme Court issued a controversial decision in Iskanian v. CLS Transportation Los Angeles, LLC. While the Court in Iskanian confirmed that an express class action waiver in an employment arbitration agreement is enforceable under California law, it also held that...
|The Deposition of the Trucking Company Safety Representative|
Michael L. Miller; Drew Eckl & Farnham, LLP;
January 16, 2015, previously published on November 2014A lawsuit is filed regarding a serious accident occurred involving a passenger vehicle and tractor-trailer. The facts of the accident are in dispute, and both parties fully investigate the physical evidence, the electronic data, and the relevant documentation. All of the parties, witnesses, and...
|A Win for the FAA, Status Quo for the UAS Industry|
Amanda Elizabeth Tummons; Husch Blackwell LLP;
December 8, 2014, previously published on November 20, 2014The Federal Aviation Administration posted a win this week when the National Transportation Safety Board (NTSB) issued its decision reversing and remanding the decisional order issued by an administrative law judge (ALJ) in the case of Michael Huerta, Administrator, Federal Aviation Administration...
|West Coast Ocean Cargo Congestion: Facts and Remedies|
Carlos Rodriguez; Husch Blackwell LLP;
December 8, 2014, previously published on November 17, 2014All importers and exporters which ship through West Coast ocean ports are by now truly concerned about their cargo being on the shelves in time for sale during the holiday season, and on the export side that their cargo might not reach their buyers any time soon. To add insult to injury, most, if...
|Are FedEx Delivery Drivers Employees or Independent Contractors? The Kansas Supreme Court Applies the 20-Factor Test, and Rules They Are Employees|
David M. Eisenberg; Baker Sterchi Cowden & Rice, L.L.C.;
November 28, 2014, previously published on November 6, 2014For years, courts have grappled, in a variety of contexts, with the question of whether a company’s workers are employees of the company, or independent contractors. While virtually all courts have agreed that the characterization of someone as an independent contractor in a written agreement...
|ITC Institutes Investigation (337-TA-935) Regarding Certain Personal Transporters|
Eric W. Schweibenz; Oblon, McClelland, Maier & Neustadt, L.L.P.;
November 22, 2014, previously published on November 5, 2014On November 5, 2014, the U.S. International Trade Commission issued a press release announcing their vote to institute an investigation of Certain Personal Transporters (Inv. No. 337-TA-932).
|The Skies Are Still Friendly, Despite Virgin Galactic Crash|
Eric J. Sinrod; Duane Morris LLP;
November 17, 2014, previously published on November 5, 2014First, we took to the air by hot air balloon. Next, we went even higher via ever-developing aircraft. Astronauts then made their way into outer space and even to the moon.